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(영문) 제주지방법원 2014.12.04 2014고단1466
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 17, 2014, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents: (a) driven a Maz car while under the influence of alcohol level of 0.070% on blood alcohol level on August 17, 2014; (b) led Jeju-do Nursing Association to proceed to Jeju-do viewing on the front side of the Jeju-do Nursing Association.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering gear and steering gear.

그럼에도 피고인은 이를 게을리 한 채 그대로 진행한 과실로 앞에서 진행하던 피해자 C(24세) 운전의 D 마티즈 승용차의 뒷범퍼 부분을 피고인 운전 승용차의 앞범퍼 부분으로 들이받고, 이로 인하여 마티즈 승용차가 튕기면서 E 운전의 F K5 택시의 뒷부분을 충격하였다.

As a result, the Defendant caused the victim C to suffer injury, such as cerebral alky in detail, which requires medical treatment for about two weeks due to such occupational negligence.

2. Around 19:40 on August 17, 2014, the Defendant driven a Maz car in the section of approximately 3 km from the Arain Apartment apartment located in the Arain-dong at Jeju to the roads adjacent to the Arain apartment located in the Arain-dong at Jeju to the roads located in the same Do, while under the influence of alcohol on August 17, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes, such as a circumstantial report on a drinking driver, a report on the results of the control of drinking driving, each photograph, a survey report on actual condition, and a medical certificate;

1. Relevant Article of the Act on Special Cases Concerning the Settlement of Traffic Accidents and Selection of Punishment: Article 3 (1) and the proviso of Article 3 (2) 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the occupation of a person injured

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of adding up the amount) of the Criminal Act;

1. Attraction of a workhouse:

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